Are We Speaking the Same Language?
7/15/14
By: Seth F. Kirby
When describing insurance coverage analysis to individuals unfamiliar with the nature of my practice, I often compare it to assembling a puzzle. Coverage counsel has to examine the claim presented to determine if it fits within …
6/18/14
By: Seth Kirby and Bart Gary
The Georgia Court of Appeals recently decided a case concerning whether a home builder was entitled to coverage under a commercial general liability policy for damages sustained by the homeowner due to construction errors. …
Bitcoins: Have You Started Thinking About the Concept?
6/10/14
By: John Goselin & Stephanie Stewart
Bitcoins. Have you heard of them? If not, you probably will. Are you starting to think about how bitcoins will impact your business? If not, you probably should.
The media describes bitcoins as a …
Insurer’s Communications with Outside Counsel Privileged? New York Supreme Court Says Fuggetaboutit
3/6/14
By William Ezzell
Consider the following scenario: an insurance company retains an attorney to assist in whether to deny coverage to an insured. The attorney investigates the facts underlying the claim and reads and analyzes the coverage provisions contained in …
Georgia’s Insurance Prompt Payment Law Invalid
2/21/14
By: Jonathan Kandel
Last week, a federal appeals court found a portion of Georgia’s Insurance Prompt Payment law was preempted by the federal Employee Retirement Income Security Act (ERISA) and, therefore was invalid. The law at issue, which is known …
BITCOIN COMPANIES TEST THE WATERS IN PROVIDING DEPOSIT INSURANCE
2/13/14
By: Abby A. Vineyard
Bitcoin is a new peer-to-peer digital currency that replaces the need for traditional money and essentially acts as “cash for the Internet.” Bitcoin users enjoy several benefits that users of traditional currency simply do not have …
“Blurred Lines” and Insurance Coverage
1/17/14
By: Seth Kirby
Unless you were living under a rock for all of 2013, it was impossible to avoid hearing Robin Thicke’s hit song “Blurred Lines.” During the summer of 2013 it was played on every radio format on a …
Proposed Affordable Care Act Fix Falls Flat
11/26/13
By: Seth Kirby
In spite of President Obama’s assurances during his push to pass the Affordable Care Act (“ACA”) that individuals would be able to keep their existing health insurance, thousands of Americans have received notices that their plans have …
10/15/13
By: Seth Kirby
Among sports fans, it is common knowledge that insurance products exist which protect against the risks associated with player injuries. A professional sports team might purchase a disability policy to pay all or a portion of the …
The Reach of Georgia Apportionment Statute Continues to Expand
9/13/13
By: Stephanie Stewart
Georgia’s apportionment statute, O.C.G.A. § 51-12-33, has been making waves in the Georgia Court of Appeals and Georgia Supreme Court as new opinions are being issued interpreting the game-changing statute. Previous cases have already held that the …
Keep the Change – The Weight of Emotion
8/16/13
By: Seth F. Kirby
Dr. Roger Herrin recently made national headlines when he was ordered to return money that his son’s estate had been awarded in a wrongful death lawsuit. By itself, the order was not really newsworthy. The order …
Construction Defects Can In Fact Be Accidents
7/24/13
By: Jonathan Kandel
The Supreme Court of Georgia has further clarified the scope of coverage for construction defect claims under commercial general liability (CGL) insurance policies. In Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462 (Ga. July …
